[Federal Register Volume 79, Number 73 (Wednesday, April 16, 2014)]
[Notices]
[Pages 21484-21486]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2014-08620]


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INTERNATIONAL TRADE COMMISSION

[Investigation No. 337-TA-894]


Certain Tires and Products Containing Same; Commission 
Determination Not To Review an Initial Determination Terminating the 
Investigation as to Shandong Hengyu Science & Technology Co., Ltd., the 
Sole Remaining Respondent, Based on a Settlement Agreement; Request for 
Written Submissions on Remedy, the Public Interest, and Bonding

AGENCY: U.S. International Trade Commission.

ACTION: Notice.

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SUMMARY: Notice is hereby given that the U.S. International Trade 
Commission has determined not to review an initial determination 
(``ID'') (Order No. 40) of the presiding administrative law judge 
(``ALJ'') terminating the investigation as to the last remaining 
respondent in this investigation, Shandong Hengyu Science & Technology 
Co., Ltd., based on a settlement agreement. Several respondents were 
found in default during the course of the investigation, and the 
Commission requests written submissions on remedy, the public interest 
and bonding as to the defaulting respondents.

FOR FURTHER INFORMATION CONTACT: Michael Liberman, Esq., Office of the 
General Counsel, U.S. International Trade Commission, 500 E Street SW.,

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Washington, DC 20436, telephone (202) 205-3115. Copies of non-
confidential documents filed in connection with this investigation are 
or will be available for inspection during official business hours 
(8:45 a.m. to 5:15 p.m.) in the Office of the Secretary, U.S. 
International Trade Commission, 500 E Street SW., Washington, DC 20436, 
telephone (202) 205-2000. General information concerning the Commission 
may also be obtained by accessing its Internet server at http://www.usitc.gov. The public record for this investigation may be viewed 
on the Commission's electronic docket (EDIS) at http://edis.usitc.gov. 
Hearing-impaired persons are advised that information on this matter 
can be obtained by contacting the Commission's TDD terminal on (202) 
205-1810.

SUPPLEMENTARY INFORMATION: The Commission instituted this investigation 
under section 337 of the Tariff Act of 1930, as amended, 19 U.S.C. 
1337, on September 20, 2013, based on a complaint filed by Toyo Tire & 
Rubber Co., Ltd. of Japan; Toyo Tire Holdings of Americas Inc. of 
Cypress, California; Toyo Tire U.S.A. Corp. of Cypress, California; 
Nitto Tire U.S.A. Inc. of Cypress, California; and Toyo Tire North 
America Manufacturing Inc. of White, Georgia (collectively, ``Toyo''). 
The complaint, as supplemented, alleges violation of section 337 by 
reason of infringement of certain claims of U.S. Design Patent Nos. 
D487,424; D610,975; D610,976; D610,977; D615,031; D626,913; D458,214; 
and D653,200 by numerous respondents. 78 FR 57882-83 (Sept. 20, 2013). 
Subsequently, the complaint and notice of investigation were amended to 
add Shandong Hengyu Science & Technology Co., Ltd. (``Shandong 
Hengyu'') as respondent. Several respondents were terminated from the 
investigation based on settlement agreements and consent orders.
    On February 27, 2014, complainants Toyo moved to terminate the 
investigation as to respondent Shandong Hengyu based on a settlement 
agreement. On March 10, 2014, the Commission investigative attorney 
filed its response in support of Toyo's motion.
    On March 14, 2014, the ALJ issued an ID (Order No. 40) granting the 
motion. The ALJ found that termination of the investigation as to 
Shandong Hengyu based on settlement does not impose any undue burden on 
the public health and welfare, competitive conditions in the United 
States economy, production of like or directly competitive articles in 
the United States, or United States consumers. No party petitioned for 
review of ALJ Order No. 40, and the Commission has determined not to 
review it.
    Shandong Hengyu is the sole remaining respondent in this 
investigation. Previously, the following respondents were found in 
default: (1) WestKY Customs, LLC--by ALJ Order No. 17 (Dec. 5, 2013), 
not reviewed December 27, 2013; (2) Tire & Wheel Master, Inc.- by ALJ 
Order No. 17 (Dec. 5, 2013), not reviewed December 27, 2013; (3) 
Vittore Wheel & Tire--by ALJ Order No. 17 (Dec. 5, 2013), not reviewed 
December 27, 2013; (4) RTM Wheel & Tire--by ALJ Order No. 17 (Dec. 5, 
2013), not reviewed December 27, 2013); (5) Turbo Wholesale Tires, 
Inc.--by ALJ Order No. 30 (Feb. 3, 2014), not reviewed March 6, 2014; 
(6) Lexani Tires--by ALJ Order No. 30 (Feb. 3, 2014), not reviewed 
March 6, 2014; (7) WTD Inc.--by ALJ Order No. 30 (Feb. 3, 2014), not 
reviewed March 6, 2014; and (8) Simple Tire--by ALJ Order No. 34 (Feb. 
18, 2014), not reviewed March 20, 2014. Section 337(g)(l) and 
Commission Rule 210.16(c) authorize the Commission to order relief 
against respondents found in default, unless, after considering the 
public interest, it finds that such relief should not issue.
    In connection with the final disposition of this investigation, the 
Commission may: (1) Issue an order that could result in the exclusion 
of articles manufactured or imported by the defaulting respondents; 
and/or (2) issue a cease and desist order that could result in the 
defaulting respondents being required to cease and desist from engaging 
in unfair acts in the importation and sale of such articles. 
Accordingly, the Commission is interested in receiving written 
submissions that address the form of remedy, if any, that should be 
ordered. If a party seeks exclusion of an article from entry into the 
United States for purposes other than entry for consumption, the party 
should so indicate and provide information establishing that activities 
involving other types of entry either are adversely affecting it or 
likely to do so. For background, see Certain Devices for Connecting 
Computers via Telephone Lines, Inv. No . 337-TA-360, USITC Pub. No. 
2843 (December 1994) (Commission Opinion).
    If the Commission contemplates some form of remedy, it must 
consider the effects of that remedy upon the public interest. The 
factors that the Commission will consider include the effect that the 
exclusion order and/or cease and desists orders would have on (1) the 
public health and welfare, (2) competitive conditions in the U.S. 
economy, (3) U.S. production of articles that are like or directly 
competitive with those that are subject to investigation, and (4) U.S. 
consumers. The Commission is therefore interested in receiving written 
submissions that address the aforementioned public interest factors in 
the context of this investigation.
    If the Commission orders some form of remedy, the U.S. Trade 
Representative, as delegated by the President, has 60 days to approve 
or disapprove the Commission's action. See Presidential Memorandum of 
July 21, 2005, 70 FR 43251 (July 26, 2005). During this period, the 
subject articles would be entitled to enter the United States under 
bond, in an amount determined by the Commission and prescribed by the 
Secretary of the Treasury. The Commission is therefore interested in 
receiving submissions concerning the amount of the bond that should be 
imposed if a remedy is ordered.
    Written Submissions: Parties to the investigation, interested 
government agencies, and any other interested parties are encouraged to 
file written submissions on the issues of remedy, the public interest, 
and bonding. Complainant and the Commission investigative attorney are 
also requested to submit proposed remedial orders for the Commission's 
consideration. Complainant is also requested to state the HTSUS numbers 
under which the accused products are imported and the expiration dates 
of the asserted patents.
    Written submissions must be filed no later than close of business 
on April 25, 2014. Reply submissions must be filed not later than the 
close of business on May 2, 2014. No further submissions on these 
issues will be permitted unless otherwise ordered by the Commission.
    Persons filing written submissions must file the original document 
electronically on or before the deadline stated above and submit eight 
true paper copies to the Office of the Secretary pursuant to section 
210.4(f) of the Commission's Rules of Practice and Procedure (19 CFR 
210.4(f)). Submissions should refer to the investigation number (``Inv. 
No. 337-TA-894'') in a prominent place on the cover page and/or the 
first page. (See Handbook for Electronic Filing Procedures, http://www.usitc.gov/secretary/fed_reg_notices/rules/handbook_on_electronic_filing.pdf). Persons with questions regarding filing should 
contact the Secretary (202-205-2000).
    Any person desiring to submit a document to the Commission in

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confidence must request confidential treatment. All such requests 
should be directed to the Secretary to the Commission and must include 
a full statement of the reasons why the Commission should grant such 
treatment. See 19 CFR 201.6. Documents for which confidential treatment 
by the Commission is properly sought will be treated accordingly. A 
redacted nonconfidential version of the document must also be filed 
simultaneously with any confidential filing. All nonconfidential 
written submissions will be available for public inspection at the 
Office of the Secretary and on EDIS.
    The authority for the Commission's determination is contained in 
section 337 of the Tariff Act of 1930, as amended (19 U.S.C . 1337), 
and in Part 210 of the Commission's Rules of Practice and Procedure (19 
CFR part 210).

    Issued: April 10, 2014.

    By order of the Commission.
Lisa R. Barton,
Acting Secretary to the Commission.
[FR Doc. 2014-08620 Filed 4-15-14; 8:45 am]
BILLING CODE 7020-02-P